TERMS OF USE
Virinchi Healthcare Private Limited has launched first of its kind mobile app to its customers. BY ACCESSING OR USING THIS MOBILEAPP [Virinchi Health App], YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS, INSTALL OR USE THIS MOBILEAPP”. As used in this Agreement, “we,” “us,” “our” and “Virinchi” means Virinchi Healthcare Private Limited and “you” or “your” shall mean individuals or entities accessing the Virinchi Platform (defined below). Virinchi is engaged in the business of providing various health and wellness services at your convenience through multiple platforms including the Internet, mobile and telephone (“Virinchi Platform”).
1. Eligibility for use of Virinchi Platform
This is a legally binding agreement and can only be agreed if you are eligible to enter into a contract as per the applicable Laws. We reserve the right to terminate your membership and / or refuse to provide access to the Virinchi Platform and services if it is brought to our notice or if it is discovered that you are not eligible
2. Your Account and Registration Obligations
While using the Virinchi Platform, you shall maintain confidentiality and secure your details of your account including display name and password. You will be responsible for all the activities that may occur in your name and registered membership. You will be responsible for providing accurate and correct information pertaining to you and you will be responsible for updating the same upon any modification. You should inform us immediately if you know or have any reason to believe that your password has/is being used in an unauthorized manner. We reserve the right to cancel or suspend the membership.
3. END-USER ACCOUNT AND DATA PRIVACY (applicable only to Users other than Practitioners)
3.1.1 Virinchi may by its Services, collect information relating to the devices through which you access the mobile app, and anonymous data of your usage. The collected information will be used only for improving the quality of Virinchi’s services and to build new services.
3.1.2 This app allows Virinchi to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
3.1.3 The User is expected to also read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia: the fact that certain information is being collected; the purpose for which the information is being collected; the intended recipients of the information; the nature of collection and retention of the information; and the name and address of the agency that is collecting the information and the agency that will retain the information; and the various rights available to such Users in respect of such information.
3.1.4 Virinchi shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Virinchi or to any other person acting on behalf of Virinchi.
3.1.5 The registered User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all usage on his behalf whether or not authorized by the User. The User shall immediately notify Virinchi of any actual or suspected unauthorized use of the User’s account. Although Virinchi will not be liable for your losses caused by any unauthorized use of User’s account, the User shall be liable for the losses caused to Virinchi or such other parties as the case may be, due to such unauthorized use of User’s account.
3.1.6 If a User provides any information that is untrue, inaccurate, past or incomplete (or becomes untrue, inaccurate, non-existing or incomplete), or Virinchi has reasonable grounds to suspect that such information is untrue, inaccurate, non-existing or incomplete, Virinchi has the right to discontinue the Services to the User at its sole discretion.
3.1.7 Virinchi may use such information collected from the Users from time to time for the purposes of servicing customer related issues.
3.2 LISTING CONTENT AND DISSEMINATING INFORMATION
3.2.1 Virinchi collects and displays a list along with relevant information regarding the profile of the Medical Practitioners on the Website, such as their specialization, qualification, fees, location, visiting hours etc. Virinchi takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Virinchi scrutinises the information and photos provided by the Practitioners, it cannot be held liable for any updates or inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.2.2 The Services provided by Virinchi or any of its licensors or service providers are provided on an “as is” and as available basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Virinchi does not provide or make any representation, warranty or guarantee, express or implied about the Mobile App or the Services. Virinchi does not guarantee the accuracy or completeness of any content or information provided by Users using the mobile App. To the fullest extent permitted by law, Virinchi disclaims all liability arising out of the User’s use or reliance upon the app, the Services, representations and warranties made by other Users, the content or information provided by the Users on the app, or any opinion or suggestion given or expressed by Virinchi or any User in relation to any User or services provided by such User.
3.2.3 The Mobile app may be linked to the website of third parties, affiliates and business partners. Virinchi has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our App. Inclusion of any link on the App does not imply that Virinchi endorses the linked site. User may use the links and these services at User’s own risk.
3.2.4 Virinchi assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the app or the downloading of any material, data, text, images, video content, or audio content. If a User is dissatisfied with the App, User’s sole remedy is to discontinue using this App.
3.2.5 If Virinchi determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Virinchi reserves the right to immediately suspend your access to the Mobile app or any of your accounts with Virinchi and makes such declaration on the App alongside your name/your clinic’s name as determined by Virinchi for the protection of its business and in the interest of other Users. You shall be liable to indemnify Virinchi for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Virinchi or its Users.
3.3 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.3.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information?) that may be available on the Mobile App (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Virinchi and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
3.3.2 It is hereby expressly clarified that, the Information that you obtain or receive from Virinchi, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Mobile App is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the app. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3.3.3 Limited services are available in the Mobile App for contacting with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact ambulance service or hospital on the given contact numbers directly.
3.3.4 Our App allows users to store personal details and health information (“Records?) . The App also allows the users to share all or portions of these Records with other users at their own discretion. It is informed that this is only meant for the information submitted by the Users App. If you contact or exchange information with another User(s) in person or through any means other than our Services, such activity is not covered under this agreement.
3.3.5 Payment and Cancellation Policy
Any payments made for the services provided by us through our App shall be considered received only upon confirmation received from Virinchi. No claim shall be entertained if the payment is not correctly made and not received by Virinchi without using the options provided in the Mobile App.
Payment once made cannot be adjusted or cancelled without any valid reasons. Cancellation or adjustment of payments or refund shall be at the sole discretion of Virinchi and the User is not entitled to claim such amounts through any other means.
3.3.6 Disclaimer for our Tele-consultation
The law does not prohibit virtual healthcare/telemedicine. But on reading medical health procedures prescribed under Standard Text Books and the general practices prevalent (the telemedicine/tele-health medical procedures laid down in the developed countries), the general opinion is that the diagnosing the disease, prescribing the diagnostic tests and prescribing medicines is the responsibility of the registered medical practitioner and that should be done on physical examination of the patient alone. No treatment can be prescribed which is more severe or life threatening diseases without physical examination and diagnostic tests. Whereas it may not apply in respect of second opinion based on the available medical history and reports. In all other cases, the medical practitioner shall have physical examination of the patient at some point of time preferably in the beginning of treatment. In view of the same, the system of telemedicine can be practiced in the following events: At some point of time the medical practitioner shall have the opportunity of physical examination by himself or some through some other registered medical practitioner or alternatively qualified paramedical staff is present at patient and record the physical examination and transfer the bio-medical data to the Medical Practitioner. In that event, the medical practitioner shall reasonably feel sufficient to prescribe the medication. If the medical practitioner was not sure of the accuracy of bio-medical data of the patient or the bio-medical data do not match with the physical features apparent on the screen, the medical practitioner either shall refer the patient to nearby medical practitioner or to see him personally.
3.3.7 VIRTUAL PRESCRIPTIONS
This shall be done if the User has undergone several physical examinations with the medical practitioner who is giving the prescription and is fully aware of the medical history having access to his previous medical records and decides that physical examination is not necessary on the basis of the symptoms described by the User.
3.3.8 RECORDING OF CONSULTATION – AUDIO AND VIDEO
Using the App the User agrees for recording of the conversations both Audio and Video which shall not be considered as violation of right to privacy. No further consent shall be obtained from the User unless specifically required.
3.3.9 Consent for Tele-consulting
By signing this form, I understand and agree to the following: E-Consultation, facilitation, and wellness services
- I have gone through the terms of use in the Mobile app and fully understood about the working, advantages and limitations of telemedicine.
- I hereby give my consent and agree to share my contact details with your medical and non-medical personnel
- I understand that the information obtained during the tele-consulting, which identifies me and my clinical condition, will not be disclosed to any third parties without my consent except for the purposes of treatment, payment, healthcare operations, clinical and other research purposes unless the law provides otherwise.
- I understand that video, audio, and/or photo recording will be taken during the procedure to aid in documenting the progress of my treatment. I give my express consent for the same and to keep a record of the consultation, drugs, diagnostic and other clinical details.
- I understand that Telemedicine may involve electronic communication of my confidential medical information to other medical and service providers who may be located in other areas not limiting to any boundaries.
- I understand that some parts of the examination involving physical tests may be conducted by individuals at the direction of the distant specialist.
- I understand that non-medical personnel other than my physician and the distant specialist may have access to my medical information during the consultation in order to operate the video equipment.
- In an emergency consultation, I understand that the responsibility of the distant specialist is to advise my physician and that the responsibility of the distant specialist will conclude upon the termination of the video conference.
- I have the right to withhold or withdraw my consent to the use of telemedicine during the course of my care at any time.
- I have the right to receive copies of EHR Record for a reasonable fee. Such copies of EHR records shall be subject to my physician’s or distant specialist’s office policies and procedures.
- I understand and acknowledge that due to unanticipated technical reasons there may be an interruption during the tele-consultation or quality of transmission may be suboptimal resulting in postponement of the tele-consultation.
- I may expect the anticipated benefits from the use of telemedicine in my care. I understand that no results can be guaranteed and my condition may not be cured or improved, and in some cases, may even get worse.
- I understand that my condition may require an opinion from a specialist for further evaluation and treatment.
- I understand that if I do not use the services for more than 2 years, you will deactivate my UHID (Unique Health Identifier) and transfer my EHR (Electronic Health Record) to archive and thereafter the EHR is deleted as per our Policy.
- I understand that the EHR may be utilized for research purposes and such use will be subject to the guidelines and regulations laid down by the Government.
4. Content on Mobile App
a) All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the Virinchi Platform (collectively, “Content”), is either owned by us or by a third party and we have no control or rights over such third party content.
b) All the information, feedbacks, reviews on Mobile App, Virinchi.com or Virinchi Platform is for information purposes only and does not constitute professional advice. We do not represent or endorse the accuracy or reliability of any content posted on any interactive area and you acknowledge that any reliance upon such content shall be at your sole risk.
c) No part of the Content shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, or used without authorization of Virinchi d) You shall use information on the Services for downloading, provided that you shall not remove any proprietary notice in all copies of such documents, or you use such information only for personal, non-commercial, educational purposes and do not copy or post such information on any website, networked computer or broadcast it in any media, or make any modifications to any such information, and you do not make any additional representations or warranties relating to such documents.
5. Conditions for Use of Virinchi Platform
You agree, undertake and confirm that the use of Virinchi Platform shall be subject to the following terms: a) You shall not host, display, upload, modify, publish, transmit, update or share any information on the Virinchi Platform that: belongs to another person and to which you do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of others privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harms any person in any way; infringes any patent, trademark, copyright or other proprietary rights; violate any applicable law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; send, circulate or perpetrate any information or data which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; b) you shall not: make any representation which is misleading in any way; engage in commercial activities through Virinchi Platform without the prior consent of Virinchi; or engage in any action that imposes an unreasonable or disproportionately large load on the IT infrastructure of Virinchi or interferes with its functioning.
6. Responsibility for User-Provided Content
The Virinchi Mobile App may include a variety of features, such as discussion forums, blogs photo and Video Sharing pages, e-mail services and social networking features that allow feedback/rating to us and may also allow users to interact with each other on the Mobile App or to post content and materials for display on the Mobile App. By accessing and using any such features, you irrevocably agree:
a) that you shall abide by the Community Rules as set forth below
b) that you are the owner of any materials you post or submit, or are making your posting or submission with the express consent of the owner of the materials;
c) that you are 18 years of age or older; and you alone are responsible for the materials you post on discussion forums, blogs or on other areas of the Mobile App. We have the right at all times, in our sole discretion, to screen content submitted by users and to edit, moderate, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons. However, we are under no obligation to monitor any discussion forums, blogs or other areas of the Mobile App through which users can supply information or materials. You acknowledge and agree that we may preserve content and materials submitted by you and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: 1. a) comply with legal process; 2. b) Enforce these Terms of Service; 3. c) to claims that any content or materials submitted by you violate the rights of third parties; or 4. d) Protect the rights, property, or personal safety of our Mobile App, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
8. PROFILE OWNERSHIP AND EDITING RIGHTS
Virinchi reserves the right to publish, change, update or delete the Practitioner’s profiles and photographs or as requested by Practitioners. You hereby represent and warrant that the content uploaded by you as part of your profile or otherwise while using Virinchi’s services, and that no such content breaches any third party rights, including intellectual property rights. In case of any breach, Virinchi may modify or delete that particular part of your profile information at its sole discretion with or without any information/notice to you.
9. Community Rules
By accessing and using any such features in discussion forums, social networking pages and blogs etc., you agree that you will be courteous, stay on topic and post your own content and will not: a) Restrict or inhibit any other user from using and enjoying the Mobile App. b) To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. c) Do not use the Mobile App to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising d) Use the Mobile App to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval . e) Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Mobile App. f) Contact anyone who has asked not to be contacted. g) Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users. h) Repeatedly post the same or similar content. We reserve the right to deny access to the Mobile App or any features of the Mobile App to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our Mobile App or infringes the rights of others.
10. Other Conditions
Services offered including limitations thereto are fully described in By accessing the Virinchi Platform or availing the Services or by registering with us, you signify that you agree to these terms and conditions and the Policies. b) If you avail any of the Services offered by any of the Empanelled Associates, the Services provided would be as per their terms and conditions. c) This Agreement and the Policies are subject to change from time to time, at the option of Virinchi without any prior notice. d) If the terms of our Services or the Policies (including changes thereto) are not acceptable to you, you have the absolute right to terminate the use of our Services. Your use of the Virinchi Platform after any amendment to the Terms and Policies shall constitute your acceptance of these terms and you also agree to be bound by any such changes/ revisions. e) We reserve the right at all times to disclose any information (including the identity of the persons providing information or materials on the Virinchi Platform) as necessary to satisfy any law, regulation or valid government request. f) We reserve the right, but under no obligation, to monitor the materials posted on the Virinchi Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law. g) Virinchi is not liable either directly or indirectly for the actions of unauthorized persons resulting in transmission of offensive, non¬public, sensitive or obscene materials on the Virinchi Platform.
11. Rating and Review
Users are allowed to rate and share comments about the Virinchi, its Associates and services without defaming or damaging the reputation. Virinchi reserves its copyrights and such other related rights on the content and rating posted by you on the Mobile App. Furthermore Virinchi can use such content, re-publish, modify, reproduce, broadcast at its own discretion and such content shall be treated as Virinchi’s Copyrighted material without any objection.
12. Indemnity
You shall indemnify and hold harmless Virinchi, its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement.
13. Termination
We reserve the right, to restrict, suspend or terminate your account and access to all or any part of the Virinchi Platform, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your account at any time, for any reason, by deleting your account on the Mobile App or by emailing us at contact_us@virinchihospitals.
14. Disclaimer of Warranties; Limitation of Liability
VIRINCHI PLATFORM AND THE SERVICES ARE PROVIDED ON “AS IS,” BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE VIRINCHI PLATFORM SERVICES, AND THE MOBILE APPS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEITHER VIRINCHI NOR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE. THE SCOPE OF THIS WARRANTY. VIRINCHI IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO THE VIRINCHI PLATFORM AND THE SERVICES AND/OR MOBILE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE VIRINCHI PLATFORM, VIRINCHI PLATFORM -RELATED SERVICES, AND/OR MOBILEAPPS IS TO STOP USING THEM.
15. GOVERNING LAW, ARBITRATION & JURISDICTION: This Deed shall be governed by and construed in accordance with laws of India and the Courts in Hyderabad shall have exclusive Jurisdiction. In the event of any dispute or difference between the Parties arising out of or relating to or regarding the interpretation of this deed, or consequent on the termination of this Lease Deed, such dispute or differences shall be referred to arbitration in accordance with the Indian Arbitration and Conciliation, 1996, as amended from time to time, adjudicated by a single arbitrator mutually agreeable to the Parties. In event the parties fail to agree for a single arbitrator, then each party shall appoint one arbitrator and the two appointed arbitrators shall nominate third arbitrator. The proceedings shall be held in English and place of arbitration shall be Hyderabad. The arbitration award shall be final and binding on all the Parties.
You consent to receive/ communicate data, information, updates from Virinchi regarding the Services, through valid modes of communication which includes but not limited to emails, messages etc. We provide you with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us after setting up an account. If you wish to remove your contact information from all Virinchi communication lists and newsletters, please write to contact_us@virinchihospitals.